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In re Winters

Court of Appeals of Texas, First District, Houston
Dec 18, 2007
No. 01-07-00982-CR (Tex. App. Dec. 18, 2007)

Opinion

No. 01-07-00982-CR

Opinion issued December 18, 2007. DO NOT PUBLISH. TEX. R. APP. P. 47.2(b).

Original Proceeding on Petition for Writ of Mandamus.

Panel consists of Justices NUCHIA, JENNINGS, and KEYES.


MEMORANDUM OPINION

Relator, John Patrick Winters, complains that the Texas Department of Criminal Justice, office of classification and records, has not properly calculated his maximum sentence expiration date for his conviction for in cause number 656339. Relator asks this Court to rule on his motion to correct the time calculations of the Texas Department of Corrections Classification and Records Office. We deny the petition for writ of mandamus. We first observe that post-conviction time calculation disputes between inmates and the Texas Department of Criminal Justice Classification and Records office have historically been accomplished by post-conviction writ of habeas corpus. See TEX. CODE CRIM. P. ANN. art. 11.07 (Vernon 2007); Ex parte Hale, 117 S.W.3d 866 (Tex.Crim.App. 2003). We next observe that this Court has no mandamus jurisdiction over the Texas Department of Criminal Justice or the Texas Board of Pardons and Paroles. See TEX. GOV'T CODE ANN. § 22.221 (Vernon Supp. 2007). In addition, even if we construed relator's document as a petition for writ of habeas corpus, we have no jurisdiction over post-conviction writs of habeas corpus in felony cases. That jurisdiction is vested exclusively in the Texas Court of Criminal Appeals. See Board of Pardons Paroles ex rel. Keene v. Court of Appeals for the Eighth District, 910 S.W.2d 481, 483 (Tex.Crim.App. 1995); TEX. CODE CRIM. PROC. ANN. art. 11.07, § 3 (Vernon Supp. 2007). The petition for writ of mandamus is therefore denied. It is so ORDERED.


Summaries of

In re Winters

Court of Appeals of Texas, First District, Houston
Dec 18, 2007
No. 01-07-00982-CR (Tex. App. Dec. 18, 2007)
Case details for

In re Winters

Case Details

Full title:IN RE JOHN PATRICK WINTERS, Relator

Court:Court of Appeals of Texas, First District, Houston

Date published: Dec 18, 2007

Citations

No. 01-07-00982-CR (Tex. App. Dec. 18, 2007)